1. What is an EB-1A “Extraordinary Ability” Green Card?

An EB-1A “Extraordinary Ability” Green Card is a permanent resident visa for individuals with extraordinary achievements in their field, such as scientists, business executives, or entertainers. It is the highest form of immigration preference category and grants the holder a Green Card and the right to live and work permanently in the United States.

2. Who is eligible for an EB-1A Green Card?

In order to be eligible for an EB-1A green card, the applicant must be an alien of extraordinary ability in the sciences, arts, education, business, or athletics. The applicant must demonstrate that their accomplishments have been internationally recognized. They must also provide evidence of a major, sustained, and international impact on their field.

3. What are the criteria to qualify for EB-1A?

The criteria for qualifying for the EB-1A visa are as follows:

1. The individual must demonstrate extraordinary ability in their field through sustained national or international acclaim.

2. The individual must be one of the very few who has risen to the very top of the field of endeavor.

3. The individual must demonstrate that their achievements have been recognized in the field through extensive documentation.

4. The individual must have a job offer from a U.S. employer and prove that the job requires their expertise and is in their field of extraordinary ability.

4. How much does it cost to apply for an EB-1A Green Card?

The cost of applying for an EB-1A Green Card is approximately $1,225 in filing fees, as of 2020. This includes the $535 filing fee for Form I-140, the Immigrant Petition for Alien Worker, and the $690 filing fee for Form I-485, Application to Register Permanent Residence or Adjust Status. It does not include additional fees such as application processing fees and legal fees.

5. What types of evidence are accepted to prove extraordinary ability?

Individuals seeking an EB-1A visa must submit evidence to prove their extraordinary ability in the sciences, arts, education, business, or athletics. Acceptable evidence of extraordinary ability includes (but is not limited to):

• Evidence of membership in professional associations;
• Published material about the beneficiary in professional or major trade publications or other major media;
• Evidence of participation as a judge of the work of others;
• Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
• Evidence of authorship of scholarly articles in professional or major trade publications or other major media;
• Evidence of a high salary or other remuneration for services;
• Evidence of commercial successes in the performing arts;
• Evidence of receipt of significant awards or prizes for excellence.

6. How long does it take to get an EB-1A Green Card?

The amount of time it takes to get an EB-1A Green Card depends on various factors. Generally, the wait time for the I-140 petition to be approved is around six to seven months. After the petition is approved, the applicant must then wait for a visa number to become available and then file the I-485 application. The wait time for a visa number varies depending on the applicant’s country of origin and can range from several months to several years. After the I-485 application is filed, it can take from six to nine months to receive a decision from USCIS.

7. What documents must I provide when applying for an EB-1A Green Card?

When applying for an EB-1A green card, you must provide the following documents:

1. Passport-style Photographs
2. Copy of Your Birth Certificate
3. Copy of Your Passport or Other Government-Issued Identification
4. Evidence of Your Extraordinary Ability (such as awards, publications, or memberships in professional associations)
5. Evidence of Employment or Endorsement Letter from an Employer in the U.S.
6. Evidence of Your Intent to Remain Permanently in the U.S. (such as a lease agreement, bank account statement, or utility bill)
7. Proof of Finances (such as tax returns)
8. Certified English Translation of Any Foreign Language Documents

8. What are the benefits of an EB-1A Green Card?

The EB-1A Green Card is the most sought-after Green Card in the United States. It offers significant advantages to those who qualify, such as:

• Permanent residence in the US
• The ability to work and live in the US indefinitely
• The ability to travel freely in and out of the US
• The ability to bring family members to the US
• Access to education and social services in the US
• The possibility of becoming a US citizen after five years
• Potential for financial security and stability in the US

9. How can I prove that I have extraordinary abilities?

Unfortunately, there is no way to “prove” you have extraordinary abilities. Generally, extraordinary abilities are recognized by experts in a particular field, or by the public at large. To gain recognition, you should focus on developing and honing your skills, and showcasing them in a professional setting.

10. Is there a limit on the number of people who can obtain an EB-1A Green Card each year?

No, there is no limit on the number of people who can obtain an EB-1A Green Card each year. The number of visas available for employment-based immigration is set by Congress and allocated by the U.S. Department of State, but there are no caps on any particular visa category.

11. Is there a difference between an EB-1A and an EB-1B Green Card?

Yes, there is a difference between an EB-1A and an EB-1B Green Card. The EB-1A is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. The EB-1B is for outstanding professors and researchers.

12. Does the EB-1A Green Card require that I have a job in the U.S.?

No, the EB-1A Green Card does not require that you have a job in the U.S. You must, however, demonstrate extraordinary ability in your field of endeavor, which includes having sustained national or international acclaim in your field by providing evidence of achievements such as awards, publications, and other evidence of recognition in your field of expertise. You may also need to prove that you will continue to work in your field of expertise after obtaining permanent residency in the U.S.

13. Can my family members be included in my application for an EB-1A green card?

Yes, your family members can be included in your application for an EB-1A green card. Your spouse and any unmarried children under 21 years of age are eligible to be included in your application.

14. Are there any exemptions to the English language requirement for an EB-1A Green Card?

Yes, there are exemptions to the English language requirement for an EB-1A Green Card. If you can demonstrate that due to your age or medical condition, you cannot meet the English language proficiency requirement, you may be exempted from the requirement. Also, if you can demonstrate that the job requires a specific foreign language, you may also be exempted from the requirement.

15. Are there any restrictions on employment for holders of an EB-1A Green Card?

No, there are no restrictions on employment for holders of an EB-1A Green Card. The holder can work for any employer in the United States and does not need to have a job offer or employer sponsorship.

16. Are spouses of holders of an EB-1A Green Card eligible for employment authorization in the U.S.?

Yes, spouses of holders of an EB-1A Green Card are eligible for employment authorization in the U.S. This is known as an Employment Authorization Document (EAD) card, which allows spouses to work in the U.S. without the need for obtaining an additional visa.

17. Can I travel outside the United States while my application for an EB-1A green card is pending?

Yes, you can travel outside of the United States while your application for an EB-1A green card is pending. However, you should be aware that if you leave the US, your application will automatically be suspended until you return. Additionally, if you decide to leave the US while your application is pending, it is important to have a valid re-entry permit or visa in order to be allowed back into the US. It is also important to keep in mind that any time outside of the US could affect the timeline of your application and could potentially delay your approval.

18. Do I need to renew my EB-1A green card after a certain period of time?

No, you do not need to renew your EB-1A green card after a certain period of time. Once you have been granted an EB-1A green card, it is valid for 10 years without the need of renewal. However, if you wish to travel outside the United States for more than one year, you may be required to obtain a re-entry permit prior to departure.

19. Are applicants for an EB-1A Green Card required to prove financial support in the United States?

No, applicants for an EB-1A Green Card are not required to prove financial support. However, they must demonstrate that they have the qualifications and credentials necessary to be considered for the visa. They must also have a job offer from a U.S. employer or show evidence of their extraordinary ability in their field of expertise.

20. How long can I stay in the United States with an EB-1A Green Card?

Your EB-1A Green Card grants you permanent residence in the United States. You can remain in the U.S. permanently with this Green Card, as long as you comply with the conditions of legal permanent residence.